Showing posts with label legal. Show all posts
Showing posts with label legal. Show all posts

Wednesday, March 14, 2007

Poker Players Move for Summary Judgment Against The World Poker Tour


WPT

FOR IMMEDIATE RELEASE


Players Argue That WPTE’s Illegal Agreements Constitute “Per Se” and “Quick Look” Violations of the Antitrust Laws

Los Angeles, March 14, 2007 – Today, seven of the world’s leading professional poker players filed a motion for summary judgment against WPT Enterprises, Inc. (“WPTE”) in federal district court in Los Angeles. In their motion for summary judgment, Plaintiffs Chris Ferguson, Andrew Bloch, Annie Duke, Phil Gordon, Joseph Hachem, Howard Lederer, and Greg Raymer have presented undisputed facts which establish that WPTE, which owns the World Poker Tour (“WPT”), has committed multiple violations of federal antitrust laws.

Specifically, the Plaintiffs seek a summary declaration by the Court that WPTE and the casinos which host WPT events have unlawfully conspired to force poker players to sign non-negotiable “releases” that require those players to grant WPTE the right to use their valuable names, likenesses, voices and images for zero compensation so that WPTE can exploit these rights to promote its own products and services. The Plaintiffs contend that the undisputed facts establish that WPTE and the casinos have agreed to boycott and exclude from WPT events any poker player who does not sign such a “release.” The Plaintiffs have also offered undisputed evidence that WPTE and the casinos are conspiring to restrict the number of poker tournaments in competition with the WPT by agreeing that the casinos cannot sponsor any televised non-WPT events. The Plaintiffs contend that these agreements constitute “per se” or “quick look” violations of federal antitrust laws. The “per se” and “quick look” tests apply to conduct which is so inherently anticompetitive that a court may summarily decide that such conduct violates U.S. antitrust laws without the need for full discovery or a trial.

If the motion is granted, WPTE will be permanently enjoined from: (1) agreeing with the casinos to require the Plaintiffs and other poker players to sign releases granting WPTE the right to use those players’ intellectual property rights to promote WPTE products and services; (2) using the grant of Plaintiffs’ intellectual property rights obtained from past releases; and (3) prohibiting casinos from sponsoring non-WPT poker tournaments.

Jeffrey Kessler, lead counsel for the poker players, stated: “If the players prevail in this summary judgment motion, WPTE’s unlawful agreements will come to a quick end without the need for further discovery or a trial. All poker players would then be able to compete in WPT tournaments without being forced to give up their valuable intellectual property rights for no compensation and the casinos would be free to sponsor competing televised poker tournaments of their own.”

A copy of the public version of Plaintiffs’ motion for summary judgment will be available at http://www.wptlawsuit.com/.
Plaintiffs are represented by the law firm of Dewey Ballantine LLP, whose attorneys have successfully represented NFL, NBA, and other players in similar antitrust lawsuits.

CONTACT:
Jeffrey Kessler (212) 259-8050, jkessler@deweyballantine.com
Alexander Kayne (212) 259-6915, akayne@ deweyballantine.com

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About Dewey Ballantine LLP Dewey Ballantine LLP, founded in 1909, is an international law firm with more than 550 attorneys and locations in New York, Washington, D.C., Los Angeles, East Palo Alto, Austin, London, Warsaw, Frankfurt, Milan, Beijing, and Rome. Through its network of offices, the firm handles some of the largest and most complex legal matters in the world.






Wednesday, July 19, 2006

Players File Suit Against WPT

WPT logo

FOR IMMEDIATE RELEASE

Seven Top Poker Players File Antitrust Lawsuit Against The World Poker Tour

Players Sue to Enjoin WPTE’s Illegal Business Practices and Seek Damages for WPTE’s Wrongful Conduct

Las Vegas, July 19, 2006 -- Today, seven of the world’s top poker players filed an antitrust Complaint against WPT Enterprises, Inc. (“WPTE”) in federal district court in Los Angeles. By this lawsuit, Plaintiffs Chris Ferguson, Andrew Bloch, Annie Duke, Phil Gordon, Joseph Hachem, Howard Lederer, and Greg Raymer seek to enjoin – and seek treble and punitive damages for – WPTE’s continuing violations of federal and state antitrust laws.

WPTE operates the World Poker Tour (“WPT”), a series of televised, high stakes poker tournaments that are run by various casinos located throughout the United States and in parts of Canada and Europe.

The Complaint alleges that WPTE and the casinos have unlawfully conspired to eliminate competition for the services and intellectual property rights of top, high stakes professional poker players. In particular, the Complaint alleges that the casinos have agreed with WPTE that they will not host any non-WPT televised poker tournaments. The Complaint also alleges that WPTE and the casinos have conspired to fix the price and other terms and conditions under which Plaintiffs and other professional poker players are forced to give up their valuable services and intellectual property rights in order to participate in WPT tournaments.

Plaintiff Chris Ferguson stated as follows: “WPTE has stacked the deck against all poker players who wish to compete in its tournaments. They are using our names and images to sell their products without our prior consent and without any compensation. We cannot let these wrongful actions stand. We will prosecute this lawsuit for as long as it takes to change WPTE’s unlawful ways.”

Plaintiff Annie Duke stated that: “We are bringing this action to change the way WPTE treats players. Our goal is not just to win for ourselves, but to set a precedent so that all players can be dealt a fair hand.”

Plaintiffs are represented by the law firm of Dewey Ballantine LLP, whose lead counsel, Jeffrey Kessler, has successfully represented NFL, NBA, and other players in similar antitrust suits. Mr. Kessler stated the following: “It is now well established that the antitrust laws protect professional athletes and other players when agreements are entered into that restrain competition for their services. This is as true for the business of professional poker tournaments as it is for professional football, basketball, and other sports. Professional poker players are entitled to a free market for their services, which will also benefit consumers since the result will be more and higher quality poker tournaments.”

Plaintiff Greg Raymer stated that: “Our success in this lawsuit will benefit all current and future poker players. I am proud to be part of it.”

Plaintiffs are seven of the most widely recognized and successful professional poker players in the world. Plaintiffs Howard Lederer and Phil Gordon, for example, are two poker superstars who have won three WPT tournaments between them. Plaintiff Chris Ferguson, perhaps the most widely recognized poker player in the world, and Plaintiffs Joseph Hachem and Greg Raymer, have each won the World Series of Poker (“WSOP”) Main Event. Plaintiff Annie Duke has also won a WSOP event, and is regarded as the best and most accomplished female professional poker player in the history of poker. Plaintiff Andrew Bloch has two WPT “Final Table” appearances.

CONTACT:
Jeffrey Kessler (212) 259-8050, jkessler@dbllp.com
David Feher (212) 259-8070, dfeher@dbllp.com


About Dewey Ballantine LLP

Dewey Ballantine LLP, founded in 1909, is an international law firm with more than 550 attorneys and locations in New York, Washington, D.C., Los Angeles, East Palo Alto, Houston, Austin, London, Warsaw, Frankfurt, Milan, Beijing, and Rome. Through its network of offices, the firm handles some of the largest, most complex corporate transactions, litigation and tax matters.